New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-07-27
TALKING IN FAVOR OF SHARP
W. BoURKE CocKRAN's ARGUMENTS.

W. BOURKE COCKRANS ARGUMENTS.
HE REVIEWS THE CASE AND REFERS sARCAsTICALLY
TO JUDGE BARBErrs CHARGE.
Judge Potter, Friday last, rather pointedly init
mated that he would expect both sides to be ready
yesterday to 90 with the argument the stay of
proceedings tho Of Jacob Sharp When
for the prosecution and the defendant therefore, entered
court almost simultaneously yesterday, morning. their
appearance reflected mutual purpose to get down to
business at once. Both tables strewu with law
books and large crowd occupied the benches set apart
for spectators For both convenience and comfort tho
large Of the Court of Oyer Terminer In which
Sharp tried had been selected for the
session of the Judge Potter took his seat shortly
after 10 O'Clock. He looked less wearied than pre-
vious occasions. His face NATURALLY flo rid but his
eyes brighter, and his general air that Of
man who was about to perform duty and was ready
to do 1t.
The Attorneys Office was represented by Mr.
MARITIME, Mr. Ncol and Mr. sempe. The counsel for
Sharp were all present. Ex,Judge Fullerton and
Judge Nelson did not remain long, however. Mr.
sckney and exJudge Parsons sat side by side at tho
defendants table, Mr. Garfield fitted in and out, and
Peter Mitchell continued interested witness OF all
proceedings
Congressman W. Bourke Cochran tho chief centre
Of attraction, as he sat quietly at the end Of the table
nearest the squad from tho DisrictAttorneys ofoo
respecting the bill Of exceptions discussed between
court and counsel mutual arrangement was agreed
upon and MI Cochran finally arose to begin his ple
He dressed in black cutaway coat white wastcoat
and trousers Of thin striped material His manner was
easy from the start there betrayal OF nervous
anxiety or sefconsciousness. The advocate
plunged at into the case stating in clear vooe
the points that he intended to discuss The first OF these
was that ooncedng that all evidence received TO DO
properly admitted, there was not enough to warrant
the conviction Of the prisoners neither there enough
evidence allowed to enter the record or TO before the
jury to establish reasonable presumption Of innocence.
Secondly the claim was advanced that the evidence
was in largo degree improperly admitted. Ho then
proposed brief review of the to which Mr. Nico
objected, contendng that II this was allowed there
should be different plan pursued than that already
agreed upon. few keen passes followed between Mr.
Nicol and Mr.. Cochran which Judge Potter quickly
brought to end by sgnifyng his desire to hear the
counsel for defendant In his and Mr. Cochran
began In earnest He took the history Of the case at
is beginning tracing the progress Of the scheme down
to the granting of the franchise He then considered
the evidence submitted at the trial and o0ntended that
whatever had been done In the way Of debauohing the
Board Of Aldermen the hand Of Jacob Sharp had been
In no wise revealed, and that he had beeL convicted
purely upon a presumption Of guilt born Of popular
ciamor. The corruption fund never In his posses
sion. He read from judge Barretts charge to show
the latter had abored to connect Jacob sharp with
developed connections Them and sharp moro
than between anu otaer Oh .nS n 1
between that company and the financial institutions
WIN In, Ss sr bey
the fact from sharp and he had no guilty knowledge or
It Yet the court mad 70 ns Jury saa sbsy
guilty of this concealment such he regarded as
ton to the Board Aldermen by sharp from the Office
OF Robinson scribner Bright, that fact was no
evidence OF guilt IL was common thing Tor lawyers
who were expected to be familiar with the statutes TO
prepare papers OF perfectly legitimate character ior
the action Of legislative bodies Such course could not
accepted evidence OF guilt on the part OF the
defendant.
it was claimed that Kerr and Foshay distributed the
money IL did not follow that sharp was engaged In the
work 1t not necessary for him to come in and be
had done so. The Seventh Avenue Railway Company
vitality interested in preventing any other persons
from securing road In Broadway. The action involved
the security OF several millions Of dollars Sharp only
received contract for the OF the road after
aid not think the money given him was for his vote on
the Broadway bill; thus the thoughts the suspicious
the anoul conceptions OF witness had been accepted
seriously evidence OF absolute proof that sharp had
bribed fugran which was the only charge ON which he
The testimony Of POtte was taken up and Mr. Cochran
again read and ames IN soornia tones tne charge o,
decisions that even admitting that sharp had
tabshed principle OF law that the fact that had
committed crime before could not be admitted as owl
ed 'i Me onted out that the evidence q
Pctte must OF itself have been false nasmuch as the
respecting Bro6dway which tne witness sau
that sharp wanted him make the feature Of
all others that sharp had struggled to have exBunged
In the face OF presented by the defence show
Ing the true Of the act 1888 had allowed the
them against The measure Of consideration which it de-
served This evidence had been accepted TO prove moral
fSs nnrpose Of showing motive Interest and desire The
interest had been already admitted by counsel TOT the
Conseaueny there was no need Of offering ii that
Its admission might tend To pre- udiee jury already
Gaze had been asked to allow to be tried beyond the
limits tho locality In which the popular elamor had
appeal contendIng that fair trial could be had well
here as elsewhere. Yet panel OF 1000 men had poem
called OF which twelve were sent into the jury box,
oil but OF whom had expressed an opinion adverse
to the prisoner before entering ,.
sion OF the testimony OF sharp before the senate nyes
eating Committee OF 1886 Ne read in full that portion
Of Judge Barretts charge bearing this particular
point commenting sarcastcay upon paragraphs OF It
he went Then he certain 9y se
the law and the language OF the court a. to the grounds
led legislative investigation could be used against him
In subsequent criminal suit He held that sharp was
denied the active aid OF counsel In the Of that
nyrstlgation though one was allowed to sit silently by
his side. He was assured that the committee woaid
which man might pray to be protected from his pro-
eosng Mr. Cochran referred to the newspapers and
the part taken by them In exposing the bribery scheme
OF Ssl and commended them for the thoroughness with
which they had discharged this duty the public He
crticise them severely however for their treatment
OF the individual case Sharp prejudgng him and es-
tablishing In fact public opinion on this point without
He was especially severe them for their comments
upon the Judge who had granted the temporary stay OF
and upon the counsel for the defendant In
Guiding himself Certain published statements concern,
ing his own Identification with the case he considered
unworthy OF notice Counsel had the right to defend
client so long reasonable hope or rever
All OF Judgment long legal errors existed which
there was hope OF having corrected he believed that
he addressing an impartial Judge and one who would
duty should lead him to decide IN opposition to the
thonghtess canor OF the public Mr.. Cochran at times
during his argument became eloquent ana SPOKE WIN